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The Lindt Big Egg Hunt Online Auction Terms

 

Thank you for coming to have a look at the Online Auction site ("Website") for The Lindt Big Egg Hunt, which is raising funds for Action for Children. We want to make sure you have a great time, can bid on your favourite lots ("Eggs") and help us make the world of difference to children in the UK. For us to make sure nothing goes wobbly, we need you to read these Terms and ensure you are happy with them before you get cracking and BID, BID, BID! 

This is a legally binding set of Terms which make up an Agreement between you the bidder (we’ll use "User" or "you" to make things clear in the terms) and Action for Children (AfC) on behalf of The Lindt Big Egg Hunt.  

Since it is legally binding we’d like to make sure you see it all, have a chance to agree with it, and then you can get on with participating in the Online Auction. 

Please make sure you have read this BEFORE you get further into the process of registering or bidding on any of the lovely Eggs. The Agreement includes important information about your RIGHTS, your OBLIGATIONS and it governs how you can PARTICIPATE in the Online Auction. It covers your acceptable use of the Online Auction site / the service we are supplying to you, in keeping with the general Terms of Use we have supplied for the main Lindt Big Egg Hunt Website. 

For the avoidance of doubt, when you BID you ENTER INTO A BINDING AGREEMENT with Action for Children, on behalf of The Lindt Big Egg Hunt, through which you are committing to buy your preferred lot / Egg for the amount you have bid plus any and all relevant or required taxes, delivery charges, transaction charges or VAT

By clicking to Register as a bidder in the Online Auction you agree to be bound by all the terms and conditions set out below (the "Terms"), together with any other terms, conditions and notices posted on www.thebigegghunt.co.uk and www.thebigegghunt.co.uk/auction which together shall constitute the "Agreement". 

By clicking to Register you are permitted to use The Lindt Big Egg Hunt Online Auction "Website" at www.thebigegghunt.co.uk/auction.

By accessing and using the Website, you accept and agree to be bound, without modification, limitation or qualification, by the Terms. You acknowledge and agree that your click on " BID" or " REGISTER TO BID" is equivalent to your signing this Agreement. 

IF YOU DO NOT AGREE to the Terms of this Agreement, we’d prefer you to enjoy all the other ways you can get involved with The Lindt Big Egg Hunt such as the merchandise and competition, but sadly you will NOT BE ENTITLED TO BID FOR OR BUY any of the Eggs via this Website. 

Once you press " BID" or " REGISTER TO BID" and the Register your details on the Website you can participate in the Online Auction for The Lindt Big Egg Hunt using this Website in the hope you will place the winning bid and become the lucky new owner of your favourite Egg. 

Action for Children and The Lindt Big Egg Hunt may modify or revise the Agreement at any time by updating the text of this page. If Action for Children does this, you will be bound by the modification(s). If you would like to keep up to date with changes you can return to the page at your leisure and the date of latest review will be evident on the page. 

Action for Children may also impose specific rules in relation to methods of payment, payment terms or delivery methods / collection methods for winning bids on the Website, and you agree to be bound by these specific rules. 

The sale of any Egg through the Website shall constitute an agreement between Action for Children and you the Buyer. 

Action for Children’s registered charity number is: 1097940 / SC038092. All funds raised by The Lindt Big Egg Hunt will be subject to applicable fees and taxes.


Terms and Conditions 

 

1 Definitions and Term 

1.1 All references to Buyer, Bidder, User or "you" shall include potential as well as actual Buyers, Bidders and Users be you (or they) male, female, singular or plural. 

1.2 Artists means the creators of the Eggs 

1.3 Eggs means the stunning egg sculptures that form part of the Lindt Big Egg Hunt 

1.4 Terms means these terms and conditions 

1.5 The Lindt Big Egg Hunt is the project run by Action for Children, further details of which can be found on the Website. 

1.6 Website means www.thebigegghunt.co.uk and all subdomains or subsections 

1.7 These Terms shall remain in force from the date on which you accept them by registering for the Website and shall continue until you complete your purchase, the Auction closes and your bid is unsuccessful or your access is discontinued by Action for Children as a consequence of your breach of these Terms. 

2 Registration 

2.1 By registering, you warrant that: 

2.1.1 you are over eighteen (18) years of age on the 1 st February 2013; 

2.1.2 you have completed your correct registration details and registered to bid at the following link: http://auction.thebigegghunt.co.uk/register; 

2.1.3 your personal details are accurate and valid. Should any of your details change you will notify Action for Children using the Contact form on www.thebigegghunt.co.uk or log into your account and update the details held there. You acknowledge that Action for Children may suspend or terminate your use of the Website if it appears any of the registration information provided by you is inaccurate in any material respect. 

2.2 When Action for Children receives your registration information it will provide you with confirmation via email and, at Action for Children’s option, also by post. The confirmation entitles you to bid for Eggs on the Website. 

3 Action for Children initial obligations 

3.1 Action for Children warrants that it: 

3.1.1 has full title to all the Eggs and the right to sell the Eggs on behalf of The Lindt Big Egg Hunt 

3.1.2 can provide Letters of Authentication with each Egg as proof of provenance to Buyers. 

3.2 Action for Children shall, on request, provide details of: 

3.2.1 any specific storage or usage issues which the Buyer will need to know in order to protect their Egg; 

3.2.2 accurate dimensions and weight details to interested Bidders in order for them to understand more about the Egg should they have not been able to view it; and 

3.2.3 all necessary health and safety information (where relevant) relating to the Eggs. 

3.3 Action for Children shall contact the winning Bidder within 72 hours of the end of the Auction to notify them of their win and arrange payment for their Egg(s); 

3.4 Action for Children shall insure the Eggs against loss or damage during their display, at a reasonable level of estimated value. 

3.5 Other than as specifically set out in these Terms, no warranty or guarantee will be offered by Action for Children and you will not hold Action for Children responsible for: 

3.5.1 the quality, safety or legality of the Eggs; 

3.5.2 the accuracy or truth of the information supplied by Artists and uploaded onto the Website; 

3.5.3 the unfettered title of the Eggs, and the full right to list the Eggs for sale. 

3.6 Action for Children is unable to guarantee or warrant continuous or secure access to the Website, which may be vulnerable to factors outside its reasonable control. 

3.7 Action for Children cannot guarantee or warrant that the Website will be free from error(s) or that its servers will be free from viruses or other harmful content. Action for Children will use reasonable endeavours to provide uninterrupted access to the Website, but will not be liable to any User for any loss of opportunity to purchase an Egg as a result of any issues with, or temporary break in, access to the Website. 

4 Bidding 

4.1 You agree that you are aware of the nature of the Agreement you are entering into when you place a place a Bid for an Egg. You are in a binding agreement with Action for Children for the sale and purchase of the item you have placed / submitted a bid on. This is an agreement Action for Children may enforce against you. 

4.2 You will cease to place bids for an Egg should the bid level become too high for you. 

4.3 If you are bidding for an Egg on behalf of someone else, you must be able to confirm that you have, and provide evidence on demand of, the written permission of that person to do so, with personal details and clear agreed financial boundaries for the bidding. 

4.4 When you place or submit a Bid for any Egg in accordance with these Terms you also confirm that: 

4.4.1 You are satisfied the Egg has a satisfactory history; 

4.4.2 You are satisfied with the dimensions and weight of the Egg; 

4.4.3 You are prepared to obtain the Egg in the state in which it is delivered to you, provided it is in accordance with the description given on the Website; 

4.4.4 You are able aware of any Health and Safety issues relating to that Egg; 

4.4.5 You acknowledge the fragility of certain Eggs, and this means there is an increased risk of damage during delivery; 

4.4.6 You are satisfied the picture or description of the Egg provided on the Website constitutes a sufficient level of information to enable you to make an informed decision to buy the Egg. Should you require more details or a viewing of the Egg you are entitled to ask for information or visit the Egg; 

4.4.7 You agree that the proceeds of your payment for the Egg shall go to Action for Children, the beneficiary of The Lindt Big Egg Hunt; and finally 

4.4.8 You will pay for the Egg, and you may not withdraw your bid if it is accepted by Action for Children. 

4.5 You will protect access to your account and username or password in order to reduce the chances of fraudulent Bids. 

4.6 Action for Children shall contact Bidders and update them about the progress of their Eggs via email or phone in order to ensure they are aware of changes in the bid level, but you agree to check the Website regularly and you take responsibility for monitoring this information. 

4.7 Action for Children reserves the right at its sole discretion to: 

4.7.1 decline to allow or accept bids from individual bidders; or 

4.7.2 suspend or terminate the auction, or the sale of a specific Egg where it determines there is a risk to the auction, or where it is in receipt of information that an abuse of the Terms has occurred, or is likely to occur 

5 Auction Process 

5.1 Action for Children will use best endeavours to ensure the listings of all the Eggs are accurate at the time of initial listing on the Website and the condition of the Eggs is saleable and appropriate it its opinion. 

5.2 Action for Children will provide a description of each Egg, including but not limited to the dimensions / scale, weight, the materials from which it is constructed and its history (if relevant), some images of the Egg and some detail of the Artist or Designer which worked with The Lindt Big Egg Hunt. 

5.3 There will be clear mention made in any cases where the Egg may have electrical or other potentially hazardous aspects to it. 

5.4 The start and end dates and times of the Online Auction for each Lot / Egg will be posted on the Website, along with remaining time before the last bid can be accepted. 

5.5 Opening Bids of £300 will be called for rather than a reserve price being set. 

5.6 The increments for the bidding will be £100 (GBP) up to the level of £2,500 (GBP) as the sale price, at which point the increments will rise to £250 (GBP).  

5.7 Buyers will be entitled to express their interest in an Egg or Eggs by clicking on an icon and upon confirmation of this expression of interest Buyers will receive regular updates by email which will detail the current state of the bidding, together with details of when the last bid was made. 

5.8 Buyers shall be entitled to submit Bids by clicking on the icon indicated and they will then be asked to confirm their bid. It must be noted it IS NOT POSSIBLE TO RECALL BIDS once Action for Children is in receipt of the confirmation from the Buyer. 

5.9 Action for Children will operate a system of OVERTIME BIDDING which means any latest bid in the final 5 minutes of the auction time will trigger a further 5 minutes of auction time, and the deadline will be extended by successive 5-minute periods up to the point where the winning bidder is able to claim the Egg, since the opposing bidder has not placed a Bid within the previous 5 minutes. 

5.10 Once you submit your bid, Action for Children will provide you with regular email updates (in accordance with these Terms and the Privacy Policy) which will tell you the current level of the bidding, and which will invite you to submit a revised bid if your bid has been exceeded and should you wish to do so. Any update email will contain a link allowing you log in and place your next bid. 

5.11 Once the bidding has closed, Action for Children will notify the Buyer that submitted the final bid in writing by post, email or other reasonable means to inform them their bid has been accepted, and that they are now liable to pay for the Egg. 

5.12 In the event that no Bids are received for one of the Eggs during the period they are advertised for sale on the Website, Action for Children reserves the right to maintain title to the Egg and do whatsoever it wishes with it in the future at its sole discretion. 

5.13 There will be no "Buy Now"-style offer on any Egg. 

5.14 Title to the Goods shall only pass to the Buyer when Action for Children has received cleared funds for the exact amount of the bid plus any additional charges, fees or VAT due at the date on which payment is due. 

6 Inspection of Eggs 

6.1 While Action for Children will make reasonable efforts to ensure the safekeeping of the Egg before sale, minor display damage or small marks should be expected and sight of the Eggs is recommended during the weekend of the 29 th to 1 st April (Easter weekend) in Covent Garden should a Bidder want to be certain of the sale condition of their preferred Egg. 

6.2 All eggs will be taken to a central location on 2 nd April to be inspected and prepared for dale. Eggs will be ready for collection from the beginning of May. We will contact you to inform you of your egg’s delivery. 

6.3 Any Bidder shall be able to inspect the Eggs of their choosing with prior arrangement. Some Eggs will be displayed on private property which is only open during normal UK office hours, Monday to Friday and excluding public holidays. All Eggs will be corralled into a central London space for the weekend of the 29 th to 1 st April (Easter weekend) which will be a further opportunity for interested Bidders to inspect the Eggs of their choice. 

6.4 Action for Children shall not be liable for any loss of, or damage to, the Eggs whilst on display, being installed, being recovered from primary display, being shown at Auction or public events, or during the weekend of the 29 th to 1 st April (Easter weekend).

7 Successful bidders 

7.1 If you win an Egg, you agree that your Egg shall not be used for marketing or commercial purposes which contradict the mission and vision of Action for Children, nor bring The Lindt Big Egg Hunt or Action for Children into disrepute or damage their standing in any way. 

8 Payment 

8.1 Action for Children will receive payment via electronic bank transfer within five (5) working days of the Auction. Please contact Action for Children for details, should you wish to pay in this way.

8.2 Action for Children will also accept all major Credit and Debit Cards plus bankers’ drafts. There is no charge for debit card payment. There will be a charge incurred to the buyer for credit card payment. Should you wish to pay by credit card we will make a charge of 1.5% handling fee on all cards with the exception of American Express. Amex cards will be subject to a 3% handling fee.  Action for Children reserves the right to not accept personal cheques depending upon specific circumstances. Depending upon the level of payment Action for Children may accept PayPal transfers by prior agreement.

8.3 Action for Children will add agreed charges to the final Bid in order to cover the costs of delivery, which will make up the "Final Charge". Delivery costs will vary for each Egg – please contact Action for Children for details.

8.4 Payment shall only have been deemed to have been successfully made when the full outstanding balance has been cleared into the supplied bank account and confirmation of the arrival of the funds has been completed by Action for Children.

8.5 Any payment transferred internationally or sent via a banker’s draft from a non-UK bank will incur a foreign currency transaction charge, the larger of either £150, or 1.5% of the Final Charge.

9 Retention of title

9.1 Action for Children shall retain title to the Eggs until it is in receipt of cleared funds from the Buyer for the full Final Charge relating to any Egg.

9.2 If full cleared payment has not been received from a Buyer within 10 (ten) working days (international transactions shall have a period of 20 (twenty) working days) of the post-Auction contact from Action for Children, Action for Children will provide 5 (five) working days’ notice of its intent to offer the Egg to the next highest Bidder and the original highest bid will be deemed void. The Buyer will be removed from the Registered Bidder list and Action for Children reserves the right to charge and recover an administration charge of £250 (GBP) from the affected Bidder.

10 Delivery arrangements and obligations

10.1 Action for Children will take the Eggs to a central location, to be inspected and prepared. The Eggs will be ready for collection from the beginning of May 2013. Action for Children will contact you to inform you of your Egg’s delivery arrangements.

10.2 Action for Children shall provide an address for central London collection ( "Egg Premises") during normal UK business hours, which for the avoidance of doubt excludes weekends, and UK public holidays.

10.3 The Buyer shall:

10.3.1 collect their Egg from a secure central London address during normal UK working hours;                                                                                                                                          or 10.3.2 agree with Action for Children arrangements for the timely delivery of the Egg, at the Bidder’s expense.

10.4 If a Buyer does not arrange for collection or delivery of their Egg within 100 business days of the end of the Auction, at Action for Children’s option one of the following paragraphs will apply:

10.4.1 the sale will be deemed to be void, and payment will be refunded minus an administration charge of £250 (GBP) and the next under-bidder will being notified of the availability of the Egg;                                                                                                                or

10.4.2 a storage charge of £100 + VAT per calendar month or part thereof will be charged to the Buyer, running from 31 st May 2013 to the date of collection and payment. This storage charge must be paid in cleared funds for the Egg to be released to the Buyer and the charge to be stopped.

10.5 Once the Egg has left the Egg Premises, any damage caused in transit will be the responsibility of the Buyer and transport agent to remedy. Action for Children shall not be liable for any loss of, or damage to, the Eggs in transit.    

10.6 Action for Children shall mark all fragile or dainty Eggs for transport and should they be arranging delivery of the Egg, shall ensure it is packaged appropriately and labelled accordingly

10.7 Action for Children recommends that the Buyer arranges appropriate insurance cover for the delivery process.  

11 Consequences of Breach

11.1 Any breach by you of these Terms shall entitle Action for Children at its option to issue you with warnings, suspend, restrict or terminate your access to the Website (which may include the cancellation of your bids) if Action for Children has reasonable grounds for believing that:

11.1.1 you are creating technical or commercial problems that might impede the proper operation of the Website;  

11.1.2 you are acting in a manner contrary to the spirit of these Terms; or

11.1.3 you are exposing Action for Children to increased risk of loss or legal liability.

11.2 You agree not to hold Action for Children responsible or liable to you in any way in the event Action for Children (acting reasonably) decides to act in accordance with clause 11.1.

12 Limitation of Liability

12.1 The total liability of Action for Children in contract, tort or otherwise arising by reason of or in connection with this Agreement shall be limited in aggregate to five thousand pounds (£5,000).

12.2 In no event shall either you or Action for Children be liable to each other or any other User for any loss of data, loss of opportunity, damage to goodwill, loss of reputation, or for any type of indirect, economic or consequential loss whatsoever and howsoever caused.

12.3 Each party shall use its best endeavours to mitigate any losses under these Terms.

12.4 Nothing shall limit the liability of any party for death, personal injury caused by negligence, or fraudulent misrepresentation.

12.5 Liability for any damage to an Egg or related property shall be limited to an estimate of the replacement cost, or the direct replacement cost of such property determined at the sole discretion of Action for Children.  

13 Intellectual property

13.1 The contents of the Website are protected under English law and are owned or controlled by Action for Children or by third parties that have licensed their own material to Action for Children.

13.2 All rights in and to the content of the Website not expressly granted to you in the Agreement are fully reserved.

13.3 Nothing in these Terms shall operate to transfer from Action for Children or any other organisation or person to you any Intellectual Property Rights. For the purposes of these terms “ Intellectual Property Rights” shall mean the ownership of or any interest in any inventions (whether patentable or not), patents, utility models, designs (both registered and unregistered), logos, copyright, database rights, trade and service marks (both registered and unregistered) together with all applications for, right to the grant of and extensions of the same, and all other intellectual and industrial property including but not limited to all similar or analogous rights throughout the world for the full term of the relevant right.

13.4 Unauthorised use by you of the Eggs or aspects of their design or images of them may violate the Intellectual Property Rights of a third party or a number of third parties

13.5 You may not sell or prepare derivative works, or use any Intellectual Property belonging to Action for Children or a third party relating to the Lindt Big Egg Hunt without the express or prior written permission of the owner.

13.6 You shall indemnify Action for Children from and against all claims brought by any third party against Action for Children in respect of any infringement of its Intellectual Property Rights arising from your actions or inactions.

13.7 You shall notify Action for Children immediately if you become aware of any such claim or potential claim, and shall provide such assistance to Action for Children as Action for Children may require in the defence or settlement of such claim at Action for Children’s reasonable expense. Action for Children shall have the sole right to conduct the defence of any such claim and all negotiations for its settlement.

14 Personal Data, Privacy and Contacting you

14.1 Action for Children will collect, store and use your personal data securely and in accordance with both the Data Protection Act 1998 and our Privacy Policy.

14.2 Action for Children will collect your email address and phone number in order to update you about the progress of the Auction, and should you win, arrange payment and delivery of your Egg.

14.3 In order to process your payment and arrange delivery of your Egg, Action for Children may take further details from you and share these with certain third parties. In each case the data will be treated in the same manner as paragraph 14.1.

14.4 Action for Children and The Lindt Big Egg Hunt may provide you with regular updates by email indicating the current level of the bidding and news about your potential Egg and the rest of the Hunt.

14.5 You can opt-out of marketing emails via the unsubscribe link in every email.

14.6 All mails which relate to your use of the Website and your registration or Bid for an Egg are not marketing emails and serve the purpose of keeping you informed of your transaction with the Auction. 

15 Contacting us 

15.1 You can contact Action for Children and The Lindt Big Egg Hunt whenever you wish via the Contact Us form on www.thebigegghunt.co.uk – please ensure you make it clear your query relates to the Online Auction.

15.2 As the Online Auction and The Lindt Big Egg Hunt goes on, we will update Frequently Asked Questions (FAQs) on the Website so you may find your question is answered there. 

16 Use of the website 

16.1 The content of the Website is not intended for people under the age of 18. While none of the Eggs involve content which is of a purely Adult nature, the Website contains links to uncensored content such as twitter feeds and links to external sites like Facebook and Flickr where there may be content which could be considered offensive. If you allow your child to use your computer, it is your responsibility to determine whether any content on the Website is unsuitable for your child, and to control the child's use of the computer accordingly. Please do not use the Website if there is any content that you do find unsuitable. 

16.2 You will not insert into or submit through the Website any viruses, Trojans or any other variation on type or version of software or malware that could have the effect of compromising the operation of the Website. 

16.3 Excessive Use: you will not take any action that will impose an unreasonably large load on Action for Children’s servers or systems. 

16.4 You will not use any robot, spider or other device for the purpose of compiling information about the Eggs, or identities and attributes of other Users, or to recreate any portion of the Website. 

16.5 Violation of Website Content: any violation by you of the Website content shall lead to the automatic termination of your right to access the Website. 

16.6 The Internet is not a secure medium. However, we have put in place various security procedures as set out in these Terms and your User admin area is protected by your Username and Password, which you should never divulge to anyone else. 

16.7 Action for Children is not responsible for any third party websites you access using links from the Website. 

16.8 We recommend that you check the terms and conditions and privacy policy of each website you visit and contact the owner or operator of each website if you have concerns or questions.

17 Confidentiality 

17.1 Neither Action for Children nor you shall use, copy, adapt, alter, disclose or part with the possession of any information or data of the other which is disclosed or comes into its possession directly or indirectly as a result of these Terms or The Lindt Big Egg Hunt, and which is regarded as confidential information (“ Confidential Information”) without the prior written consent of the party disclosing the information, except where it is strictly necessary in order to allow the disclosing party to perform its obligations or exercise its rights under these Terms. 

17.2 The receiving party shall not disclose any Confidential Information of the disclosing party to any other person other than the employees, professional advisors, and approved subcontractors of the receiving party on a "need to know" basis only and to whom disclosure is necessary for the performance of their duties to Action for Children or you. 

17.3 The duty of confidentiality shall not apply to Confidential Information that: 

17.3.1 is known to the receiving party prior to receipt from the disclosing party; 

17.3.2 is received from a third party without breach of any other confidentiality arrangements; 

17.3.3 becomes public knowledge other than by breach of these confidentiality provisions or is independently developed by or for the receiving party; or 

17.3.4 is required to be disclosed by any applicable law or by order of any court of competent jurisdiction or any government body, agency or regulatory body, to the extent of the required disclosure, provided that the receiving party shall use all reasonable endeavours to give the other party not less than two business days’ written notice of such disclosure. 

17.4 The duty of confidentiality shall continue for six (6) years after the end of The Lindt Big Egg Hunt. 

18 Data protection 

18.1 Action for Children is registered as a Data Controller under the terms of the Data Protection Act 1998 and we will comply with the Data Protection Act 1998 in processing any personal data relating to you. 

18.2 By submitting any personal information (including, without limitation, your payment details) to us you consent to the use of information as set out in these Terms and the Privacy Policy. We reserve the right to amend or modify these Terms and if we do so we will post the changes on this page. It is your responsibility to check the Terms and Privacy Policy each time you submit information to us or place a Bid. Your continued use of the Website signifies your agreement to any such changes. 

18.3 Please note that the data we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or one of our suppliers. Such staff may be engaged in, amongst other things, the fulfilment of your Egg to you, the processing of your payment details and the provision of other support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with our Privacy Policy. 

18.4 All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping this password confidential. 

18.5 The transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to this Website. Any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.  

19 Force Majeure 

19.1 Neither you nor Action for Children shall be liable to the other for any delay or non-performance of any obligations to the extent that such performance is interrupted or prevented by circumstances beyond your or Action for Children’s reasonable control (as applicable) (“ Force Majeure Event”). 

19.2 To the extent delay is caused by a Force Majeure Event, such delay will not be a breach of these Terms, and the time for performance shall be extended by a period equal to the delay that is attributable to the Force Majeure Event. 

19.3 If delay or failure caused by a Force Majeure Event continues for more than 10 (ten) business days then the party that has not been affected may, at its option, and if it is reasonable for it to do so, terminate the attempted sale of the Egg in question with no liability to either you or Action for Children.  

20 General 

20.1 Any failure or delay by you or Action for Children to exercise any power or right under these Terms shall not operate as a waiver of any of them, nor shall a single or partial exercise of any such right or power prevent any other or further exercise of the right or power. 

20.2 Any notices required to be given under these Terms shall be in writing and delivered by first class post to: 

20.2.1 for Action for Children, to Action for Children, 10 Great Queen Street, London, WC2B 5DG; and 

20.2.2 to you, to the address you provide upon registration, and it shall also be possible for notice to be given by electronic mail provided that a copy is also sent by post confirming the time and date on which such electronic message was sent.  

Any notice served by first class post shall be deemed served at the start of the second business day after posting. 

20.3 If any term or provision of these Terms or their application to any party or circumstances shall, to any extent, be invalid or unenforceable, the remainder of these Terms or the application of the term or provision to any other party or circumstances other than those as to which it is already invalid or unenforceable, shall not be affected, and each term and provision of these Terms shall be valid and enforceable to the fullest extent permitted by law. The parties shall negotiate in good faith to replace any invalid or unenforceable provisions by substitute provisions. 

20.4 These Terms constitute the entire agreement between Action for Children and you and supersede all prior oral or written communications, understandings, representations or warranties relating to the subject matter of the Terms. Action for Children warrants to you, and you to Action for Children, there has been no reliance on any such prior communications, understandings, representations or warranties in entering into these Terms. 

20.5 The provisions of clauses intended to survive termination of these Terms shall continue in full force and effect thereafter. 

20.6 Neither Action for Children nor you shall be entitled to assign, sub-contract or otherwise transfer any rights or obligations under these Terms whether in whole or in part without the prior written consent of the other party (not to be unreasonably withheld or delayed), save that Action for Children shall be entitled to assign its rights (in whole or in part) to any affiliated concern. Action for Children shall also have the right to sub-contract its obligations under these Terms, provided that Action for Children shall remain primarily responsible to you for all the acts and omissions of its sub-contractors as if they were the acts and omissions of Action for Children. 

20.7 No person who is not a party to this agreement shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. 

20.8 No amendments to these Terms whether oral or written shall be binding on Action for Children or you unless in writing and signed by you and Action for Children. 

20.9 The laws of England and Wales shall govern these Terms, and any claims or disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts. 

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